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Michael Tamvakologos

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When clients were asked what they valued most in Michael, one client responded “He is very sharp, quick and commercial, and very good at building relationships with the commercial side of our business; you can put him in front of the CEO or anyone else and know he won’t let you down”, Chambers.

What makes Michael more than a stand-out strategic litigator sought after by leading multi-nationals, is a MBA at INSEAD University (rated by the Financial Times as the No 1 MBA in the world in 2017) which is reinforcing an understanding of the commercial side of your organisation.

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Cross-posted from Workplace Law & Strategy blog.

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential information.

Often a quick decision needs to be made: apply to the Court to stop the ex-employee, or wait and sue for breach of contract damages at some later time. Wrapped up in this decision is the important issue of prospects of success—an employer will want to know there is a good chance of a successful outcome.
Continue Reading Will We Win? The Odds of Success in Restraint of Trade Cases

shutterstock_306766586In the latest of our series of post-employment protection blog posts, we consider the compliance and regulatory issues that need to be thought through when drafting an effective post-employment restraint in Australia.

How will any restraint payment be structured?

The threshold question is what kind of payment (if any) to make in return for the agreement of an employee not…
Continue Reading Restraint Payments in Australia – Compliance Issues

By Michael Tamvakologos and Justine Giuliani

We will now look at the different types of post-employment restrictive covenants, and work through a checklist of questions employers should ask themselves when drafting a restraint to make sure it’s the right fit.

14-1621-AU-Post-Employment-Map_R9_PAGE-1 (1)

A good restraint is not about creating the ultimate “catch all” provision. Rather, it requires a series of good choices…
Continue Reading Drafting and Litigating Post-Employment Restrictive Covenants in Australia – Tailoring Your Restraint to Ensure the Right Fit

shutterstock_286315091When a key employee subject to an employment restraint leaves a business to join a competitor, fast decisions need to be made to protect client goodwill or guard against misuse of confidential information.

The more leverage an employer has against the former employee and his or her new employer, the better the prospects of negotiating a sensible solution quickly or,…
Continue Reading Leveraging Employment Restraints to Protect Business Assets

shutterstock_214658791By Michael Tamvakologos and Justine Giuliani

An enforceable restraint of trade can be a key business asset. Or some might think about it as an insurance policy. The capacity to preserve customer connections, protect confidential information and discourage key executives from setting up their own business or moving to a competitor can be critical to information rich businesses operating in…
Continue Reading Australia Non-Compete Update: the Difference Between Winning and Losing Restraint Litigation is Often Good Housekeeping